Wash. Rev. Code » Title 23B · Chapter 23B.16
Revised Code of Washington

Wash. Rev. Code § 23B.16.040 (2026)

Court-ordered inspection

✓ current as of May 2026
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(1) If a corporation does not allow a shareholder who complies with RCW 23B.16.020(1) to inspect and copy any records required by that subsection to be available for inspection, the superior court of the county where the corporation's principal office, or, if none in this state, its registered office, is located may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the shareholder.
(2) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any other record, the shareholder who complies with RCW 23B.16.020 (2) and (3) may apply to the superior court of the county where the corporation's principal office, or, if none in this state, its registered office, is located for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis.
(3) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the shareholder's costs, including reasonable counsel fees, incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded.
(4) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder.
[ 1989 c 165 s 185.]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2008–2025 · leading case: Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008).
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Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008). · cites it 5× “RCW 23B.16.040(1). ¶ 16 Ms. Nakata requested a number of documents and asked a number of questions.”
Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008). · cites it 3× “RCW 23B.16.040(1). ¶16 Ms. Nakata requested a number of documents and asked a number of questions.”
James Robinson Scott Smith v. Am. Legion Dep't (Wash. Ct. App. 2019). · cites it 25× “Smith also requested attorney fees under RCW 23B.16.040, arguing, among other things, that ALWA and Elston “have acted in bad faith in denying Petitioners, particularly Scott Smith, access to the records and books of [ALWAJ for inspection and copying.”
Scotsman Guide, Inc., V. Brian Simmons (Wash. Ct. App. 2025). · cites it 3× “Again, in his deposition, Simmons 3 For example, in analyzing a fee award under RCW 23B.16.040(3) in Robinson, we concluded that the plain language of that subsection did not limit the showing of a reasonable basis for denial of the records request, such that the corporation…”
— Wash. Rev. Code § 23B.16.040(1) — 2 cases
Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008). “RCW 23B.16.040(1). ¶16 Ms. Nakata requested a number of documents and asked a number of questions.”
Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008). “RCW 23B.16.040(1). ¶ 16 Ms. Nakata requested a number of documents and asked a number of questions.”
— Wash. Rev. Code § 23B.16.040(3) — 4 cases
Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008). “RCW 23B.16.040(1). ¶ 16 Ms. Nakata requested a number of documents and asked a number of questions.”
Nakata v. Blue Bird, Inc., 191 P.3d 900 (Wash. Ct. App. 2008). “RCW 23B.16.040(1). ¶16 Ms. Nakata requested a number of documents and asked a number of questions.”
James Robinson Scott Smith v. Am. Legion Dep't (Wash. Ct. App. 2019). “Smith also requested attorney fees under RCW 23B.16.040, arguing, among other things, that ALWA and Elston “have acted in bad faith in denying Petitioners, particularly Scott Smith, access to the records and books of [ALWAJ for inspection and copying.”
Scotsman Guide, Inc., V. Brian Simmons (Wash. Ct. App. 2025). “Again, in his deposition, Simmons 3 For example, in analyzing a fee award under RCW 23B.16.040(3) in Robinson, we concluded that the plain language of that subsection did not limit the showing of a reasonable basis for denial of the records request, such that the corporation…”
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